Under current law, the Department of Transportation (DOT) is responsible for maintenance of the highway right-of-way on highways that, for maintenance purposes, are under its jurisdiction, which are generally state trunk highways (including interstate highways) but do not include connecting highways. DOT must provide for the care and protection of trees and other roadside vegetation. DOT must also cut, trim, or remove, or allow others to cut, trim, or remove, trees and other vegetation in order to provide safety to highway users. Current law generally prohibits a person from cutting, trimming, removing, or planting a tree or other vegetation within the right-of-way of a state trunk highway without DOT's consent.

The federal Highway Beautification Act requires states to restrict advertising along interstate and federal-aid primary highways, which includes state trunk highways and connecting highways, and current state law incorporates these requirements. Current law prohibits, with certain exceptions, the erection or maintenance of outdoor advertising signs (signs) within 660 feet of, or beyond 660 feet but visible (and erected for the purpose of being visible) from, the main-traveled way of an interstate or federal-aid primary highway. Exceptions to this prohibition include, with some restrictions, signs advertising activities conducted on the property on which the signs are located; signs located beyond 660 feet of the highway in urban areas; and signs located within 660 feet of the highway in certain business, industrial, or commercial areas.

Under current law, DOT administers a permit system for the maintenance and removal by sign owners of vegetation obstructing the view of signs along state trunk highways, including interstate highways. DOT may issue permits to sign owners for the trimming, removal, or relocation of vegetation in the highway right-of-way if, within various specified distances along the highway, the vegetation obstructs motorists' view of the face of a sign. A permit authorizes the sign owner, or a third-party contractor employed by the sign owner, to trim, remove, or relocate obstructing vegetation to the extent necessary to eliminate the obstruction and restore an unobstructed view of the sign for the applicable specified distance along the highway. A permit must specify the vegetation or the portion of the highway right-of-way to which the permit applies. Each permit must require a sign owner that removes planted vegetation to either relocate the planted vegetation or reimburse DOT for the value of the planted vegetation. DOT must present to the sign owner DOT's calculation of the value of the planted vegetation, and the sign owner may elect to relocate the planted vegetation or to reimburse DOT in the amount calculated by DOT.

This bill makes various changes to DOT's permit system for maintenance and removal of vegetation obstructing signs, including the following:

1. The bill replaces various sign viewing standards with a single standard: that a sign owner is eligible for a permit to trim or remove vegetation if, for a distance of 500 continuous feet within the 1,000 feet distance motorists travel immediately before reaching the sign, the vegetation obstructs the view of any portion of the face of the sign. The bill also eliminates an exception that allowed DOT to issue a permit for a noncontinuous 500 feet viewing distance.

2. The bill specifies that DOT must issue permits to eligible applicants. Also under the bill, DOT permits authorize the trimming or removal, but not the relocation, of obstructing vegetation.

3. The bill eliminates the requirement that a permittee that removes planted vegetation must either relocate the planted vegetation or reimburse DOT for the value of the planted vegetation. The bill replaces this requirement with the requirement that a permittee that removes vegetation with a diameter of four inches or more must plant replacement vegetation to compensate for the vegetation removed. DOT must determine where the replacement vegetation is to be planted, but it must be planted in the highway right-of-way within ten miles of the location where the vegetation was removed.

4. The bill eliminates a requirement under current law that, under certain conditions, a sign owner applying for a permit must, at the time of the application, provide written notice of the application to any adjacent property owner and to the applicable municipality. The bill also eliminates a provision of current law requiring DOT, within 30 days of receiving an application, to determine whether the application is complete and to return it to the applicant if incomplete.

5. The bill eliminates a provision of current law that a permit may not authorize the trimming, removal, or relocation of vegetation in existence prior to the erection of the sign obstructed by the vegetation. The bill replaces this provision with a provision that DOT may not issue a permit to trim, remove, or relocate vegetation obstructing the view of a sign that is less than five years old (calculated from when DOT first collected the sign's permit fee).

6. The bill eliminates a provision of current law allowing DOT to require as a condition or restriction under a permit that the work authorized under the permit meet standards established by DOT. However, the bill retains current law that DOT has authority to supervise and determine how the work authorized under a permit is carried out.

7. The bill expands the definition of "vegetation," for purposes of the bill, to include grass. The bill also eliminates the distinction between various other types of vegetation, including "natural vegetation," "planted vegetation," and "specimen trees."

For further information see the state fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB216,4,125
84.305 (2) Notwithstanding ss. 66.1037 and 86.03,
and subject to sub. (2m),6upon application, the department mayshall issue permits to sign owners for the 7trimming,or removal, or relocation of vegetation that is located in the right-of-way 8of a highway under the jurisdiction of the department for maintenance purposes and 9that obstructs a sign if any of the following applies: 3. Subject to par. (b), within a 10distance of 500 continuous feet along any portion of the viewing zone, any portion of 11the face of the sign is not viewable because of an obstruction to sight by natural12vegetation in the highway right-of-way.

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84.305 (3) (a) Subject to pars. (d) to (g) and sub. (4), a permit issued under this 19section authorizes the permittee to trim obstructing vegetation or remove or relocate20obstructing individual plantsvegetation to the extent necessary to eliminate the 21obstruction and remedy any condition specified under sub. (2) (a) 1. to 4 provide an 22unobstructed view of a sign for 500 continuous feet within the viewing zone. A permit 23issued under this section shall specify the vegetation or the portion of the highway 24right-of-way to which the permit applies.

AB216,5,14184.305 (3) (b) An application for a permit under this section shall specifically 2describe the work proposed by the applicant. The department shall grant or deny an 3application for a permit under this section, and notify the applicant of the 4department's decision, within 60 days of receipt of the application.
Within 30 days 5of receipt of the application, the department shall determine whether the application 6is complete and, if not, the department shall return the application to the applicant 7and inform the applicant of what information, specifically described, must be 8provided by the applicant to complete the application. The department may not deny 9an application for a permit under this section based solely upon receipt by the 10department of an objection or complaint from a property owner or municipality 11receiving notice under par. (c), but the department may consider the objection or 12complaint in determining whether to grant or deny the application for a permit. If 13the department denies an application for a permit under this section, the department 14shall notify the applicant of reasons for the denial.

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84.305 (3) (d) A permit issued under this section may not authorize trimming,18or removal, or relocation of vegetation located within a municipality and within 10 19feet of the nearest edge of the highway pavement without prior approval for the 20trimming,or removal, or relocation from the municipality.

AB216,6,523
84.305 (2m) A permit issued under this section may not authorize the 24permittee to trim, remove, or relocate vegetation in existence prior to the erection of 25the sign obstructed by the vegetation. Nothing in this paragraph prohibits theThe1department from issuingmay not issue a permit under this section authorizing the 2trimming,or removal, or relocation of vegetation that, at the time the sign was 3erected, did not obstructobstructing the view of thea sign if the department first 4collected a permit fee under s. 84.30 (10m) for that sign within the immediately 5preceding 5 years.

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84.305 (3) (g) A permit issued under this section may not authorize the 9permittee to clear-cut any highway right-of-way. The permit authorizes the 10permittee to trim,or remove, or relocate only the vegetation specified in the permit, 11or only vegetation within the area of the right-of-way specified in the permit, in 12accordance with the terms of the permit.

AB216,6,2314
84.305 (5) (a) Each permit issued under this section shall require a permittee 15that removes planted vegetation to either relocate the planted vegetation or16reimburse the department for the value of the planted vegetation. The department 17shall present to the permittee the department's calculation of the value of the planted 18vegetation, and the permittee may elect to relocate the planted vegetation or to 19reimburse the department for the value of the planted vegetation as determined by 20the departmentany tree with a diameter of 4 inches or more as measured at 3 feet 21from the ground, or any other vegetation with a diameter of 4 inches or more, to plant 22comparable replacement vegetation to compensate for all such vegetation removed, 23in compliance with the requirements under pars. (d) and (e).

AB216, s. 231Section
23. 84.305 (5) (d) of the statutes is created to read:

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84.305 (5) (d) 1. In planting replacement vegetation under par. (a), the 3permittee shall determine the diameters of all trees with a diameter of 4 inches or 4more, as measured at 3 feet from the ground, and of all other vegetation with a 5diameter of 4 inches or more, that was removed and shall calculate the sum total of 6these diameters for each category of vegetation, such as for trees, for shrubs, and for 7hedges. In calculating the sum total of these diameters, the permittee shall not 8include in the calculation the diameter of any vegetation that was dead, diseased, or 9determined to be an invasive species at the time of its removal.

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2. The permittee shall plant sufficient replacement vegetation with a diameter 11of at least 2 inches so that the sum total of the diameters of the replacement 12vegetation, for each category of vegetation, at least equals the sum total of the 13diameters as calculated under subd. 1. for that category.

AB216, s. 2414Section
24. 84.305 (5) (e) of the statutes is created to read:

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84.305 (5) (e) 1. Subject to subd. 2., the department shall determine where 16replacement vegetation required under this subsection is to be planted.

AB216,7,2017
2. Replacement vegetation required under this subsection shall be planted in 18the highway right-of-way not farther than 10 miles from the location of the removed 19vegetation being replaced. Replacement vegetation may not be planted in front of 20a sign.

AB216, s. 2521Section
25. 84.305 (6) of the statutes is amended to read:

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84.305 (6) The department shall have authority to supervise and determine 23how the work authorized under a permit issued under this section is carried out. The 24department may require as a condition or restriction under any permit issued under 1this section that the work authorized under the permit meet standards established 2by the department.

AB216, s. 263Section
26. 84.305 (7) of the statutes is amended to read:

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84.305 (7) Nothing in this section prohibits a sign owner and the department 5from voluntarily negotiating for, and the department from authorizing without the 6issuance of a permit under this section, the trimming,
or removal, or relocation of any 7vegetation in a highway right-of-way in order to provide an unobstructed view of a 8sign, except in situations where sub. (3) (d) would apply if a permit were issued under 9this section. Nothing in this section restricts the department's authority with respect 10to departmental maintenance operations in the rights-of-way of highways under 11the department's jurisdiction.